Assessee, a non-resident company, is engaged in business of rendering money transfer services across international borders.  For purpose of carrying out its business in India, assessee had entered into agreements appointing agents in India.  Assessing Officer held that the assessee-company had a Permanent Establishment (PE) in India under article 5 in form of fixed placed PE due to usage of software developed and owned by assessee in India and that there was existence of agency PE on account of agents working in India and, accordingly, he held that commission income earned by assessee from its operations in India was taxable in India.  CIT (A) allowed the appeal of the assessee. Tribunal held that agents engaged by assessee were independent agents under article 5(4) and they did not have necessary authority to conclude contracts of assessee and, on that premise, it was held that there was no agency PE of assessee in India.  Tribunal also held that though assessee had business connection, it did not have any fixed placed PE nor agency placed PE in India, and, in absence of any such PE in India, profits, if any, attributable to Indian operations could not be assessed as business profits under article 7.  (AY. 2013-14)